N.J. Admin. Code § 12:235-7.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:235-7.1 - Purpose; scope

(a) The Uninsured Employer's Fund (UEF) has been established pursuant to N.J.S.A. 34:15-120.1 to provide for the payment of certain awards of medical and temporary benefits entered against uninsured defaulting employers. This subchapter sets forth the procedures by which the UEF will be operated.

(b) Benefits for temporary disability and medical costs shall be provided in accordance with N.J.S.A. 34:15-120.1 et seq.

(c) The UEF shall be a party to proceedings under this subchapter. However, no judgment or order for the payment of benefits shall be entered against the UEF.

(d) The UEF may relax or dispense with requirements under the subchapter where appropriate and with the consent of the judge hearing the case.

(e) A petitioner may move to relax or dispense with requirements under this subchapter.

1. After a hearing on the motion to relax or dispense with requirements under this subchapter, the judge may grant the motion upon a finding that the subject requirements under the particular facts of the case are unduly burdensome and that grant of the motion would not adversely affect the UEF.

(f) Where petitioner seeks current medical treatment and/or temporary disability benefits and the only issue is the cancellation or non-renewal of an insurance policy, the judge may order the insurance carrier to provide treatment and/or benefits without prejudice and subject to reimbursement by the employer or, if not paid by the employer, by the UEF, if it is subsequently determined that the policy was not in effect.

(g) The UEF shall be provided a copy of a notice of appeal of any order or judgment in which the UEF is a party.

N.J. Admin. Code § 12:235-7.1

Amended by R.1991 d.466, effective 9/3/1991.
See: 23 N.J.R. 1759(a), 23 N.J.R. 2642(a).
Judgments to be entered specifically against uninsured employers, not the Fund.
Amended by R.1997 d.110, effective 3/3/1997.
See: 28 N.J.R. 4067(a), 29 N.J.R. 799(a).
Amended by R.2002 d.340, effective 10/21/2002.
See: 34 N.J.R. 2257(a), 34 N.J.R. 2549(a), 34 N.J.R. 3641(d).
Rewrote (c); added (d) and (e).
Recodified from N.J.A.C. 12:235-12.1 and amended by R.2002 d.340, effective 10/21/2002.
See: 34 N.J.R. 2257(a), 34 N.J.R. 2549(a), 34 N.J.R. 3641(d).
Rewrote (c); added (d) and (e). Former N.J.A.C. 12:235-7.1, General procedure, recodified to N.J.A.C. 12:235-5.1.
Amended by R.2009 d.299, effective 10/5/2009.
See: 41 N.J.R. 1935(a), 41 N.J.R. 3807(a).
Added new (e) and (f); and recodified former (e) as (g).